SCHEDULE 1Minor and consequential amendments and repeals

Sexual Offences Act 200352

1

In section 133(1) of the Sexual Offences Act 2003 M1 (interpretation of Part 2)—

a

the definition of “the period of conditional discharge” shall have effect, in relation to a person in respect of whom an order for conditional discharge was made before commencement, without the amendment made by paragraph 209(2)(b) of Schedule 16 to AFA 2006; and

b

the definition of “service detention” is to be taken to include detention awarded under section 71(1)(e) of AA 1955 or AFA 1955 or section 43(1)(e) of NDA 1957.

2

In section 137 of the Sexual Offences Act 2003 (service courts)—

a

in subsection (1)(d) —

i

the reference to an offence under section 42 of AFA 2006 includes an SDA civil offence; and

ii

the reference to the corresponding offence under the law of England and Wales includes the corresponding civil offence;

b

in subsection (2), so far as that subsection applies for the purposes of section 92 of the Sexual Offences Act 2003, the reference to a service court includes a court-martial and a Standing Civilian Court; and

c

in subsection (3) the reference to a service court, so far as it applies for the purposes of paragraphs (b) and (c) of that subsection, includes a court-martial and a Standing Civilian Court.

3

In paragraph 93A of Schedule 3 to the Sexual Offences Act 2003 (sexual offences for purposes of Part 2)—

a

in sub-paragraph (1)—

i

the reference to an offence under section 42 of AFA 2006 includes an SDA civil offence of which the offender is convicted under AFA 2006; and

ii

the reference to the corresponding offence under the law of England and Wales includes the corresponding civil offence; and

b

in sub-paragraph (2) the reference to an offence under section 42 of AFA 2006 includes an SDA civil offence of which the offender is convicted under AFA 2006.